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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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As a self employed market trader working 12 hour day being

Customer Question

As a self employed market trader working 12 hour day being told when he can leave ? and being threatened with not being allowed to trade although he has been doing the same practice for years is this restraint of trade ? by the council. Many Thanks if you can help.
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
Also other traders also leave early but I am the only one to be threatened by letter that I won't be liable to trade if I don't stop to the elected time which would mean I'm working 14 hour day at 60 years of age
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

How long have you worked there for?

Customer: replied 3 months ago.
Approximately 4 1/2 years
Customer: replied 3 months ago.
I also have never brought my vehicle on to the market itself but I park in a separate road and carry all my equipment stock off by hand so it doesn't disrupt anything when I am leaving
Expert:  Ben Jones replied 3 months ago.

Hello, sorry my laptop crashed earlier and have been unable to get online until now. As a self employed worker you are not subject to the working time limits so officially there is no maximum time you could be required to work per day. In addition, if you are using Council property, such as the market and trading on their premises, they can potentially set the rules as to when you come and go. This is not a restraint of trade. The law on this is aimed and entirely different matters. The first thing you should do is try to find any formal contract o agreement you have with them to see if you are contracted to anything specific, such as times when you leave and if they have the contractual right to dictate these. If they do not then you can try and argue that under contract they are not allowed to do this but in the end what they can do is terminate the agreement they have with you simply by following any termination procedures in it. So it will be a case of some give and take unfortunately – as self employed your rights are not as extensive as those of an employee and they will potentially be able to get away with more.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 3 months ago.
Thank You for your concise answer the contract will I'm sure state opening hours and closing hours what about the the victimised angle is that of any use ?
Expert:  Ben Jones replied 3 months ago.

Legally there is no victimisation here. This only happens if you have been discriminated which is where you have been picked on because of gender, race, age, disability etc but I see no evidence of that here unfortunately

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